User Agreement for Rising Fire Music Vocal/Music Academy
IMPORTANT: READ CAREFULLY. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT A. YOU HAVE READ THIS AGREEMENT, B. YOU UNDERSTAND IT, AND C. THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a legal contract between
Rising Fire Music LLC
Glendale, AZ 85301
[email protected]
And CLIENT NAME CLIENT Email address is as written on the check-out form
(“YOU”, an individual) Collectively the “Parties” WHEREAS, Rising Fire Music LLC is engaged in this business of marketing and client coaching services; and
WHEREAS, YOU desire to engage Rising Fire Music LLC to provide vocal, worship guitar, worship keyboard coaching and mentorship services to YOU in the form of Video, Audio and/or Visual Presentations, and periodic personal coaching and evaluation;
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1 Programs: Under the terms of this Agreement, Rising Fire Music LLC agrees to provide vocal coaching and mentorship services to YOU in the form of Video, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Progression between Programs will occur automatically, and Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
1.1.2 Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the 12-week Rising Fire Music Music Academy.
1.1.3 Termination: Rising Fire Music LLC may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
- 1.2 Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay Tanja Shineman $997-$1146 for the 12 Week Rising Fire Music Academy and thereafter ongoing access to the curriculum for your future reference.
1.3 No Refunds: Rising Fire Music LLC abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by Rising Fire Music LLC and the Vocal Music Academy. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.
SECTION 2: NO WARRANTIES
2.1 Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that Rising Fire Music LLC provides Program(s) related to vocal coaching, worship keyboard, worship guitar and mentorship services only and guarantees no specific results. YOU take full responsibility for YOUR own success.
2.2 Limited Liability: In no event will Rising Fire Music LLC be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if Rising Fire Music LLC has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
SECTION 3: Confidentiality
3.1 Confidentiality: Only authorized users, who have duly attained access to any Programs offered by Rising Fire Music LLC by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the System are the sole Intellectual Property of Rising Fire Music Vocal Academy under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and Rising Fire Music LLC, Rising Fire Music Vocal Academy and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the System, or any other intellectual property rights of Rising Fire Music LLC, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Rising Fire Music LLC uses in connection with services rendered by Rising Fire Music LLC are marks owned by Rising Fire Music LLC. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1 Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2 Indemnification: YOU will, at your own expense, defend, indemnify, and hold Rising Fire Music LLC, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and Rising Fire Music LLC concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with Rising Fire Music LLC relating to the Program, whether oral or written.
4.4. Amendment: Rising Fire Music LLC reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.risingfire.org.
Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of Arizona.
BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.
Private Policy
